Customer Terms of Service

Effective date: May 2, 2026

These Terms govern your use of the booking tools and reservations made through Upwind Booking("we", "us", or "our") at upwindbooking.com and on operator booking widgets we power. By making a reservation, you agree to these Terms.

1. Who we are

Upwind Booking is a software platform that lets independent rental businesses ("Operators") accept online reservations and payments. We are not the operator of the rentals, tours, or activities you book. The Operator is the party responsible for the equipment, the activity, your safety, and customer service for your reservation. We provide the booking tools and process payments; everything else is the Operator's.

Upwind Booking is a small, owner-operated startup. Some elements of our business are still being finalized, including business licensing in certain jurisdictions. The platform is provided on a best-efforts basis and may evolve, change features, or experience downtime without prior notice.

2. Eligibility

You must be at least 18 years old to make a reservation. Operators may impose additional age or experience requirements for specific activities; you are responsible for meeting them and for accurately representing the participants on the reservation.

3. Bookings and payments

Operators set their own pricing, availability, durations, deposits, and policies.
When you book, your card is charged the displayed amount plus any platform booking fee shown at checkout.
Payments are processed through our payment provider (Stripe). We do not store full card numbers.
Confirmation of a booking does not guarantee performance — see weather, equipment, and force majeure below.

4. Cancellations, refunds, and changes

Refund eligibility, cancellation windows, and reschedule terms are set by the Operator, not by Upwind Booking. Check the Operator's posted policy at the time of booking. We will assist with refund processing when the Operator approves a refund, but we do not unilaterally grant refunds against an Operator's policy.

In the event the Operator cancels (e.g., for weather, equipment failure, or staffing), the Operator will typically offer a refund or reschedule per their posted policy. If you have not received either after the activity date, contact the Operator first, then us.

5. Assumption of risk and waiver

Many of the activities booked through this platform — including but not limited to watercraft rentals, jet ski rentals, paddle sports, fishing, boating, kayaking, lodging near water, and similar — involve inherent risks of personal injury, property damage, or death. Weather, water conditions, equipment use, other participants, and your own decisions all contribute to these risks.

By making a reservation, you acknowledge those risks and assume them on your own behalf and on behalf of any minor or guest you book for. You may also be required to sign a separate waiver provided by the Operator. Upwind Booking is not a party to any such waiver and does not assess or verify Operator equipment, safety practices, instructor qualifications, insurance, or licensing.

6. Your responsibilities

Provide accurate name, email, phone, and participant details at booking.
Show up on time and ready to participate; late arrivals may forfeit the reservation under the Operator's policy.
Comply with the Operator's safety briefing, equipment rules, age and capacity limits, posted closures, and applicable law.
Be sober and physically capable of performing the activity safely.
Inspect rented equipment at handoff and report concerns before use.
Pay for any equipment damage, loss, late return, or operator-incurred costs caused by you or your party.
Verify the Operator's identity, location, licensing, insurance, and any government requirements yourself if those things matter to you.

7. Prohibited conduct

You may not use the platform to: book under false pretenses; submit fraudulent payment information; harass or threaten Operators or other users; scrape, mirror, or reverse engineer the platform; circumvent payment, rate limiting, or anti-fraud measures; book on behalf of an entity or person who is not authorized; or use the platform for any unlawful purpose.

8. Communications

By making a reservation you consent to receive transactional emails and SMS messages from us and from the Operator related to your booking — including confirmations, reminders, waiver requests, cancellation notices, and refund notifications. Standard carrier rates may apply for SMS.

9. Disclaimers and "as is"

The platform is provided "as is" and "as available", with all faults, on a best-efforts basis. Upwind Booking makes no warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of listings, availability, uninterrupted operation, or that any defect will be corrected. We do not warrant any Operator, equipment, activity, schedule, condition, or outcome. Reliance on any information or listing is at your own risk.

10. Limitation of liability

To the maximum extent permitted by law, Upwind Booking and its owners, employees, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including but not limited to lost profits, lost data, lost enjoyment, personal injury, property damage, emotional distress, or business interruption — arising out of or related to your use of the platform or any reservation, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability to you for any and all claims arising out of or related to the platform or any reservation shall not exceed the greater of: (a) the platform booking fee Upwind Booking actually received from your reservation in question, or (b) fifty US dollars ($50). We are not liable for the conduct, equipment, performance, or omissions of any Operator. Claims relating to the activity itself must be pursued against the Operator.

Some jurisdictions do not allow certain warranty disclaimers or liability limitations. In those jurisdictions, the disclaimers and limitations above apply only to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Upwind Booking and its owners, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the platform; your reservations; your interaction with any Operator or other user; your violation of these Terms; your violation of any law or rights of a third party; or any content or information you submit through the platform.

12. Force majeure

Neither Upwind Booking nor the Operator is liable for delays or failures to perform caused by events outside reasonable control, including weather, fire, flood, water conditions, earthquake, pandemic, government action, civil unrest, labor disputes, internet or power outages, payment processor outages, or supply chain disruptions.

13. Third-party services

The platform integrates with third-party services (including but not limited to Stripe for payments, Supabase for data storage, Resend for email delivery, and Vercel for hosting). Your use of those services is subject to their own terms and privacy policies. We are not responsible for outages, errors, or data breaches caused by third-party services.

14. Changes to the platform and these Terms

We may change, suspend, or discontinue any part of the platform at any time, including adding or removing features and adjusting pricing, with or without notice. We may also update these Terms at any time. Material changes will be reflected in a new Effective date at the top of this page. Your continued use after changes constitutes acceptance.

15. Termination

We may suspend or terminate your access to the platform at any time, with or without cause and with or without notice, including for suspected fraud, abuse, violation of these Terms, or to comply with law. Sections that by their nature should survive termination will survive, including without limitation Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

16. Dispute resolution and class action waiver

Please read this section carefully — it affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the platform (each, a "Dispute") shall be resolved by binding individual arbitration administered in Reno, Nevada, except that either party may bring an individual action in small-claims court for matters within that court's jurisdiction. The arbitrator's decision shall be final and binding.

You and Upwind Booking agree to bring any Dispute only on an individual basis. Class actions, class arbitrations, and representative actions are not permitted. If a court finds this class action waiver unenforceable, then the entire arbitration agreement shall be void, but the remainder of these Terms shall remain in effect.

17. Governing law and venue

These Terms are governed by the laws of Nevada, USA, without regard to its conflict of laws principles. Subject to the arbitration agreement above, any action permitted to be brought in court shall be brought exclusively in the state or federal courts located inReno, Nevada, and you consent to personal jurisdiction there.

18. General

Severability: if any provision is held invalid, the remainder of these Terms remains in effect.
No waiver: our failure to enforce a provision is not a waiver of our right to enforce it later.
Assignment: you may not assign these Terms; we may assign them to an affiliate or in connection with a sale or merger.
Entire agreement: these Terms are the entire agreement between you and Upwind Booking regarding the platform and supersede any prior agreement.
Electronic signatures: you agree that clicking "Book", checking an acknowledgement box, or making a payment constitutes a binding electronic signature.

19. Contact

Questions about these Terms can be sent to info@upwindbooking.com. For questions about a specific reservation, please contact the Operator directly first — they have the most context about your booking.